How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim

Medical malpractice claims are among the most difficult and complex to be successful. Fortunately, top New York malpractice lawyers know how to handle these cases successfully.

Malpractice occurs when doctors stray from accepted medical practices that cause injury or death. A malpractice lawsuit that is successful may provide compensation to cover past and future medical expenses, lost wages, consortium, as well as suffering and pain.

Medical Records

Medical records are an essential part of any medical malpractice case. Medical records can contain lots of information which range from the initial diagnosis and treatment plans. They include digital photographs of patients, surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These documents can aid a malpractice lawyer determine whether the actions of a physician fell below the standards of care and caused harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their own medical records upon request. However, when a medical malpractice lawyer requests documents in connection with a potential lawsuit against a health care provider for negligence, they could be faced with significant administrative issues. An experienced and dedicated New York City medical malpractice attorney can help obtain these records quickly and efficiently.

A medical malpractice case must be filed within a certain time frame, known as the statute of limitations. In New York, this means that you only have two and two and a half years from date of the act or the omission or mistake that harmed you to make a claim.

During the early stages of a medical negligence claim the lawyer will require as much evidence as possible. This includes any and all medical records, including the aforementioned information, but also hospital bills, eyewitness statements as well as photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of expert witnesses. They are typically medical professionals who have the ability to give an opinion on the situation and whether negligence was involved. They are often called upon to review the medical records in a case and they might also be required to testify in person at the trial.

An expert witness can be a nurse, surgeon's assistant, a physician, a doctor, or any other healthcare professional who has a significant amount of education and practical experience in the medical field. They can assist jurors be able to comprehend the medical aspects involved in a case.

A medical expert's report can be an effective tool in showing that the defendant has violated their duty of caring and caused harm to you. It is crucial to remember that medical experts must take an oath to provide only the information they believe to be authentic. It is essential to only work with experts you can trust and have a track record of reliability.

An experienced malpractice lawyer can review a case and determine whether an expert witness is required. In some cases an expert's testimony might not be needed because the medical records clearly demonstrate that a healthcare worker made an error that caused your injury.

Deposits

A credible witness can help establish that a medical provider did not meet his or her obligation to care. Your malpractice lawyer might be able to identify witnesses such as pharmacists, nurses, radiology technicians doctors who read test results ambulance attendants or other health professionals who were in the operating room at the time of the negligent act, or witnesses from a different location. They can be deposed and can provide vital evidence to support your claim.

Your New York malpractice lawyer may be able to recover several kinds of damages on your behalf if you win your case. You can seek to recover your real financial losses, including medical bills and lost wages. Non-economic damages are also available, including the loss of enjoyment of life, disfigurement, and emotional or mental distress.

Certain states impose caps on the total amount of money that a patient can receive in a medical malpractice suit. Your attorney can explain the effect of this on your case.

Although the repercussions of a medical mistake can be catastrophic, many can recover compensation from the healthcare providers or clinics in which they work. A New York medical malpractice lawyer can provide the skills as well as the resources and expertise to create a solid claim for you and your family.

Trial

A variety of injuries may result from a mistake in prescribing or dispensing medication. For instance, a misstep in administering a blood thinner to patients already at risk of strokes can result in fatal. Duffy & Duffy, New York lawyers are able to file malpractice suits against pharmacists and doctors who prescribed drugs that cause severe injuries.

Even if a medical expert declares that a healthcare professional didn't meet the standard of care, proving the healthcare provider's actions led to the victim's injury can be difficult. A competent malpractice lawyer can rely on the hospital or doctor's policies, protocols and guidelines to create an argument that proves defendant's incompetence.

Many medical malpractice lawsuits settle prior to trial. An experienced lawyer is prepared to present your case in court if an insurance company refuses to settle a fair settlement in the pre-trial negotiations, or if a jury verdict could result in a higher damage award. Based on the strength of your case, a medical malpractice lawyer may also decide to pursue an appeal process, where a higher court reviews a lower court's decision. The process can be lengthy and requires the participation of expert witnesses. It is an essential step to ensure that your case is heard in a fair manner.